MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  8 December 1999
	DOCKET NUMBER:   AR1999020842

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. James P. Huber		Member	
	Mr. Arthur A. Omartian		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS: That his general discharge (GD) be upgraded to a fully honorable discharge. 

APPLICANT STATES: In effect, that he is requesting an upgrade of his discharge so that he may be able to obtain veteran’s benefits.  Further, he states that prior to receiving his discharge he was informed by his chain of command that he would be entitled to full veteran’s benefits. 

EVIDENCE OF RECORD:  The applicant's military records show:

That on 28 August 1985, he enlisted in the Regular Army for 3 years, and training in military occupational specialty (MOS) 45L (Artillery Repairer). 

Between December 1986 and July 1987, the applicant was counseled on eight separate occasions for a variety of offenses to include his poor duty performance and conduct, for failure to sign in and out of his unit, for being absent from his place of duty and for failure to repair.

The applicant accepted nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice, on four separate occasions.  On 15 July 1986, he accepted NJP for being absent without leave (AWOL) from his unit from 1-7 July 1987.  On 9 January 1987, he accepted NJP’s for being AWOL from his place of duty on 12 December 1986.  On 27 February 1987 and again on 
20 April 1987, he accepted NJP for failure to go to his appointed place of duty at the time prescribed.  His punishments included reduction from pay grade E-3 to pay grade E-2, forfeiture of pay and extra duty.

On 27 May 1987, the commander notified the applicant that he was being recommended for discharge under the provisions of Army Regulation 635-200, chapter 14, for misconduct.  Both the commander and the intermediate commander recommended that the applicant be separated with a general discharge (GD). 

On 27 May 1987, the applicant was advised of the basis for the contemplated action and its effects, and the rights available to him.  He consulted with legal counsel and he declined to submit a statement in his own behalf.  He was not entitled to consideration or personal appearance by a board of officers.

On 22 June 1987, the appropriate authority approved the recommendation and directed that the applicant be separated with a GD.  

On 30 June 1987, the applicant was separated with a GD, for misconduct-pattern of misconduct under the provisions of chapter 14, Army Regulation 
635-200.  He had completed 1 year, 10 months, and 3 days of creditable military service.

On 5 May 1990, the Army Discharge Review Board denied the applicant's request for an upgrade of the characterization of his discharge. 

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter l4 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, convictions by civil authorities, desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.  A discharge under other than honorable conditions is normally considered appropriate, but a general discharge under honorable conditions or an honorable discharge may also be awarded.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights.

3.  Entitlement to veteran’s benefits is not a matter under the purview of this Board, but rests with the Department of Veterans Affairs.  Further, the lack of entitlements does not provide a basis upon which to grant an upgrade of a discharge.

4.  The type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

RVO____  JPH_____  AAO____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999020842	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19991208	
TYPE OF DISCHARGE	(GD)	
DATE OF DISCHARGE	19850828	
DISCHARGE AUTHORITY	AR635-200, Chapter 14	
DISCHARGE REASON	A67.00	
BOARD DECISION	(NC)	
REVIEW AUTHORITY		
ISSUES         1.	144.6700	
2.		
3.		
4.		
5.		
6.